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1996-06-04 Council minutesPage No. 1 June 4, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 4 1996 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Krebsbach and Smith. Councilmember Huber had notified Council that he would be late. Councilmember Koch had notified the Council that she would be absent. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the regular meeting held May 21, 1996 as amended. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move items c, l and m to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the May 8, 1996 Airport Relations Commission meeting. b. Acknowledgment of the minutes of the May 28, 1996 Planning Commission meeting. c. Acknowledgment of the Code Enforcement monthly report for May. d. Approval of the permanent appointment of Rich Burrows to the Public Works Department and authorization for probationary promotion to Maintenance II. Page No. 2 June 4, 1996 e. Approval of the permanent appointment of Tim Oster to the Public Works Department along with authorization for probationary promotion to Maintenance II. f. Approval of Amendment No. 2 to the Dispatch Service Agreement with the City of West St. Paul for 1996, along with authorization for its execution. g. Adoption of Resolution No. 96 -31, "A RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF A FEASIBILTY REPORT FOR WATERMAINS, STORM SEWERS AND STREET IMPROVEMENTS TO SERVE THE DAKOTA COUNTY HRA SENIOR HOUSING FACILITY." h. Adoption of Resolution No. 96-32, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLL FOR MENDOTA MEADOWS (IMPROVEMENT NO. 95, PROJECT NO. 1); SWANSON'S 2"D ADDITION (IMPROVEMENT NO. 95, PROJECT NO. 2); IVY FALLS SOUTH ADDITION (IMPROVEMENT NO. 95, PROJECT NO. 3)." i. Acknowledgment of a memo from Interim Administrator Batchelder regarding the Mendakota Country Club Fourth of July fireworks display and authorization for city staff to participate in co-sponsoring the event, the costs incurred to be distributed to the departments which generate the costs. j. Approval of the list of contractor licenses dated June 4, 1996 and attached hereto. k. Approval of the List of Claims dated June 4, 1996 and totaling $223,653.11. 1. Adoption of Resolution No. 96-33, "A RESOLUTION APPOINTING KEVIN L. BATCHELDER TO THE CITY ADMINISTRATOR'S POSITION." Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 SOUTH PLAZA DRIVE Council acknowledged memos from Public Works Director PARKING Danielson and Police Chief Delmont regarding parking restrictions on South Plaza Drive. Page No. 3 June 4, 1996 It was the consensus of Council to direct staff to contact the property owners to try to determine whether a parking restriction should be adopted or if some other option is available. Councilmember Huber arrived at 8:03 p.m. CASE NO. 96-16, STOVERN Council acknowledged an application from Mr. Timothy Stovem for a wetlands permit on behalf of Mr. & Mrs. Ken Rosenblum to allow installation of a fence around their rear yard at 2277 Copperfield Drive. Council also acknowledged related staff reports. Councilmember Smith stated that she believes there are private convenants on the area around the pond and there may be other considerations on fences near the pond that are beyond the scope of the city. There was discussion about the relationship of the proposed fence to the survey line for the scenic easement and the desires of the neighborhood that there be sufficient space for people to get from one yard to another along the scenic easement. Councilmember Krebsbach stated that there is a precedent on the ponds and because there are other fences neighbors should not be upset about the fence, but she felt that Council should be consistent in where it allows fences to be located. It was the consensus to table action on the application and to direct staff to review the proposed fence location to determine if it is consistent with prior fence approvals. CABLE MINUTES Councilmember Smith moved to amend the Consent Calendar motion to include acknowledgment of the unapproved April 3, 1996 NDC-4 full commission meeting minutes and the unapproved minutes of the May 1, 1996 Executive Committee meeting. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 PARKS CELEBRATION Recreation Programmer Chris Esser was present to inform Council and the audience about the fifth annual Celebrate Mendota Heights Parks! event. He stated that the event will be held on Saturday, August 24 from 11:00 a.m. to 5:00 p.m. at Mendakota Park. He asked for support from volunteers and sponsors from the community and invited Council, Commission members and residents to serve on the steering committee. Page No. 4 June 4, 1996 HEARING - LIQUOR LICENSE Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from the Heritage Inn for renewal of its Limited Service Hotel On -Sale and On -Sale Sunday liquor licenses. Council acknowledged a memo from the City Clerk regarding the renewal application. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Smith moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Councilmember Krebsbach moved to approve the issuance of renewal Limited Service Hotel On -Sale and On -Sale Sunday Liquor Licenses for the Heritage Inn. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 FIRE TRUCK Council acknowledged a memo from Fire Chief Maczko regarding the Fire Truck Committee's evaluation of the bid received from General Safety Equipment for a 1500 GPM Pumper. Mayor Mertensotto stated that his only question is that he believes when the truck was first discussed, the estimated cost of $328,000 was much lower than the bid. Chief Maczko responded that if the committee recommendation is accepted, the cost will be $375,000 less the trade -in of two existing trucks, and that the original estimate during the budget process was $350,000 with an estimated trade -in value of $22,000. Councilmember Krebsbach asked if the bid is for a full- response cab. Chief Maczko responded that the committee recommendation was not to go with the full response cab because there are already two in the department. He explained that the committee recommends two options and the manufacture has recommended that the steel tank with a ten year warranty be upgraded to a polypropylene tank which would be covered by a lifetime warranty. The cost for the option is $1,000. He recommended that the bid be accepted at $375,662 less trade -in amounts of $14,500, but that Council authorize staff to Page No. 5 June 4, 1996 advertise for the sale of the 1960 and 1970 pumpers to hopefully sell them for more money than the trade -in value. Mayor Mertensotto stated that when people look for used equipment there is a certain amount of representation made, and that he would prefer that the city not attempt to sell the vehicles so that there are no future problems should another city buy them and later say that the city made a misrepresentation. He also pointed that the original discussion was on a 65 to 75 foot telescoping water tower /ladder, but the bid is for a 65 foot unit. He asked whether that is sufficient. Chief Maczko responded that the department has had a sixty -five foot device available for demonstration and feels that it meets the city's needs. He stated that a 75 foot device was an option in the specification because many vendors do not bid 65 foot units. He explained that the 65 foot device will serve 80% of the structures in the city, and mutual aid would be used for the other 20 %. He stated that a truck that would carry a 75 foot ladder would cost about $400,000. He informed Council on the equipment that is available to the city under the mutual aid contracts. Mayor Mertensotto pointed out that the truck will be in service for j 20 to 25 years, and he would hate to have the fire department come back in ten years and say that it needs a 75 foot ladder. He further stated that it appears that the 65 foot unit appears to be more than adequate given the availability of mutual aid. Responding to a question from Councilmember Smith, Chief Maczko stated that with the new truck the department will be able to reach the roofs of the city's apartment buildings and in most cases will be able to reach the third floor balconies of the apartment buildings in Lilydale. Mayor Mertensotto stated that Council had requested that delivery be after September, 1997 so that there would not be the need to issue equipment certificates until the following year. Councilmember Krebsbach asked if the aerial ladder is a boom device that fire fighters would go up in. Chief Maczko responded that it is a ladder, and that while there are some trucks that have platforms this one does not. He explained that it is a hydraulic extension ladder that does not need to rest on a building and would have a snorkel. Page No. 6 June 4, 1996 Responding to a question from Mayor Mertensotto regarding how much equipment the fire department will be requesting for the truck after it is received, Chief Maczko stated that the truck will be equipped with a generator and that other pieces of equipment for the truck will be taken off of existing trucks. Councilmember Smith moved to adopt the fire department recommendation and accept the bid from General Safety Equipment, authorizing staff to prepare a purchase order for the 1500 GPM Pumper with 65 foot telescopic water tower/aerial ladder for its bid of $375,662 (including the base bid plus bid options 2 and 3 and the manufacturer's recommended option for tank upgrade), less trade-in amounts of $14,500 for the 1960 and 1970 pumpers. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 CASE NO. 96-13, GUMBRILL Council acknowledged an application from Ms. Dorothea Gurnbrill for approval of a modified critical area site plan to allow replacement of a damaged fence at 1133 Cascade Lane. Ms. Gumbrill was present for the discussion. Responding to a question from Councilmember Krebsbach, Public Works Director stated that the fence height meets the city code, which allows six foot fences in the rear yard and side yards behind the front setback line. Ms. Gumbrill informed Council that her neighbors are aware of her desire to replace the fence and are happy because the existing fence is in poor condition. Councilmember Krebsbach moved to approve the modified critical area site plan for fence replacement at 1133 Cascade Lane and to waive the application fee. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 96-13, SCHOMMER Council acknowledged an application from Mr. Mel Schommer for a ten foot variance from the rear yard setback requirement to allow construction of a sun room addition to the rear of their home at 1024 Victoria Court. Council also acknowledged associated staff reports. Mr. Schommer was present for the discussion. Mayor Mertensotto, pointed out that the Schommer home is set back much farther from the front property line than neighboring homes. Page No. 7 June 4, 1996 Councilmember Krebsbach stated that there is much vegetation in the back yard and asked if Mr. Schommer's neighbors are in favor of his request. Mr. Schommer responded that his neighbors do support his request and have given their signatures of consent. Councilmember Krebsbach pointed out that a precedent has been set on the corner of Avanti and Lexington. Council found that there is practical difficulty given the unusual shape of the lot, the unusual front yard setback and that the location of a porch is predetermined by the house's floor plan. Councilmember Krebsbach moved adoption of Resolution No. 96- 34, "A RESOLUTION APPROVING A VARIANCE FOR 1024 VICTORIA COURT." Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 CASE NO. 96 -14, Council acknowledged an application from Mr. Ken Weisenburger WEISENBURGER for a 3 foot 6 inch sideyard setback variance to allow construction of an addition to the rear of his home at 2350 Pueblo Lane. Council also acknowledged related staff reports. Mr. and Mrs. Weisenburger were present for the discussion. Mayor Mertensotto pointed out that there is considerable precedent for variances on the lots in Friendly Hills. Mr. Weisenburger stated that he is asking for a four foot variance. Responding to a question from Councilmember Krebsbach, he stated that the stairs are not included, as they are at grade and go down and are not part of the building. He stated that the deck will be within the setback requirement. Public Works Director Danielson explained that stairs, if at grade or below, do not require variances. He stated that the issue was researched and confirmed at the Planning Commission meeting. Mayor Mertensotto stated that the Planning Commission made a fmding of practical difficulty arising from the fact that the Weisenburgers' home is on a small Friendly Hills lot and is burdened by three 30 foot setbacks. Page No. 8 June 4, 1996 Councilmember Huber moved adoption of Resolution No. 96 -35, "A RESOLUTION APPROVING A VARIANCE FOR 2350 PUEBLO DRIVE." Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CASE NO. 96 -15, ORME Council acknowledged an application from Mr. John Orme for a 16 foot front yard setback variance to allow him to replace his existing attached garage with a new garage that would be six feet wider. Council also acknowledged associated staff reports. Councilmember Huber asked if Mr. Orme has any concerns over the four conditions recommended by the Planning Commission. Mr. Orme responded that he has no problem with the conditions. He stated that he has submitted a drawing that he felt meets the site plan recommendation. He stated that the structure will have a hip roof and the exterior will be stucco to match the home and that the evergreen which must be removed for construction will be relocated to the back yard. He explained that the garage will be attached and will be no closer to the street than the existing garage. Councilmember Smith stated that she has driven by the site and feels that the garage is very close to the street. She stated that she is not comfortable with granting a variance, and while there is an existing garage in the same location, if something were to ever happen to the house she would not want the variance to grandfather the location of the garage. Mr. Orme responded that he would not build the home or garage in the same location and if he had built the home he would not have put it so close to the front lot. He stated that the garage will look like the house and he will match the materials on the house. He explained that the lot is 300 feet deep but it cannot be divided because it is not large enough. City Attorney Hart suggested that Council treat it as a legal non- conforming use - the variance would exist as long as the non- conforming use exists. He stated that since the garage would be attached, the entire structure would be non - conforming. Mayor Mertensotto agreed, stating that if there were major structural damage to the house and a new structure would have to be built, the variance would terminate. He explained that once the non- conforming use terminates. Page No. 9 June 4, 1996 Mr. Orme stated that he understands and agrees to the non- conforming use termination condition. Councilmember Huber moved adoption of Resolution No. 96 -36, "A RESOLUTION APPROVING A VARIANCE FOR 1975 WALSH LANE," as amended to stated that the variance will terminate if the non - conforming use terminates. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CASE NO. 96-17, WOLFF Council acknowledged an application from Mr. Daniel Wolff for a conditional use permit to replace an existing detached one -car garage with a new two -car detached garage at 600 Spring Street. Council also acknowledged related staff reports. Mr. Wolf explained that he would like to remove the existing sixteen by twenty -two foot garage and build a new 24 by 26 foot garage. He stated that he will have to remove the existing garage before construction of the new garage because it will be in the same location as the existing garage. He informed Council that he agrees to the conditions recommended by the Planning Commission regarding complete removal of the existing garage and matching the exterior of the new garage to the color and style of his home. Councilmember Huber moved adoption of Resolution No. 96 -37, "A RESOLUTION APPROVING A CUP FOR 600 SPRING STREET." Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 MANNA FREIGHT Council acknowledged a memo from Public Works Director Danielson regarding a request from Manna Freight for approval of a building permit to allow construction of a new building on a lot located immediately east of the BDS building. Mr. Randy Geisen, contractor for the project, showed Council block samples and reviewed the site plan for the building. He stated that the accent band on the building will not be a painted band, but rather, will be a different color of block. Mayor Mertensotto stated that the city has had considerable success in working with people in coming up with exterior designs. He reviewed what United Properties has done to reduce the expanse of a building it recently proposed. Page No. 10 June 4, 1996 Councilmember Krebsbach pointed out that BDS put a lot of money into its building to give it an office appearance. Mayor Mertensotto asked the ratio of building and blacktop to green space. Public Works Director Danielson responded that coverage is significantly under what is allowed by ordinance. Responding to a question from Councilmember Huber on the location of the HVAC units, Mr. Geisen stated that they will be on the lower level roof, set back so that they are not visible. He explained that there is a ladder from the inside to the highest roof and a ladder on the outside from that roof to the lower one. He stated that roof access is required by the building code. Councilmember Huber asked if there isn't a better way to get to the lower roof. Mr. Geisen responded that the ladder is to provide service for the gas pipes on the lower roof and that he feels that he could find room in i the lower level for a ladder to access the lower level of the roof but that the code is very specific about the requirements for the ladder material, etc. Mayor Mertensotto pointed out that if maintenance were necessary, a normal ladder could be used from grade to get to the low roof top, and that the interior ladder is for access to the higher roof. He stated that Council does not like the idea of the ladder projecting out to the front side of the building. Mr. Geisen stated that the question is whether a ladder to the high roof is needed if there are no roof -top units there. Administrator Batchelder stated that staff will research both the building and fire codes. Councilmember Smith stated that in the past Council has required applicants to make the office portions of their buildings as attractive as possible so that the warehouse portion takes on more of an office character. She stated that she would like to see more detailing in the design on the front of the structure to accomplish that goal. She pointed out that BDS is an excellent example. Councilmember Krebsbach agreed, stating that BDS is the crown jewel of the area and the proposed structure will be right next to it. Page No. 11 June 4, 1996 Mayor Mertensotto suggested that Council could grant a footing and foundation permit so that Manna can get started on the project, and that Manna should come back to Council at the next meeting to propose what additional architectural detail can be done to dress up the structure. He stated that the response from staff on code research should also be on the agenda. Councilmember Smith asked for additional landscaping, especially to the front of the building, suggesting that the plantings could be smaller to allow for the cost of more plantings. She also asked that there be more interest given to the front of the building and stated that she would like to see a plan for that as well. Mr. Geisen stated that United Properties has covenants which must be met with respect to landscaping, and that the building plans must be approved by United Properties as well. He explained that Manna is very close to purchasing the property. Councilmember Krebsbach stated that she is most concerned about the appearance of the front of the building, particularly because of the building it will be next to. Mayor Mertensotto stated that it is Council's interpretation that since there is no maintenance equipment on the upper level of the structure, there is no need for the exterior ladder. He stated that Council could grant concept approval as to the building subject to more articulation to the front of the building and a landscaping plan that is acceptable to Council. Mr. Geisen responded that he can satisfy those issues but does not want to come back and have Council change the size and shape of the building. Councilmember Smith stated that she would not approve the permit issuance with the ladder at the front of the building. Councilmembers Huber and Smith stated that they would be interested in receiving comments from Dale Glowa prior to the next meeting. Mr. Geisen responded that Council will see what is approved by United Properties because the structure cannot be built without approval by United Properties. Page No. 12 June 4, 1996 Councilmember Huber moved to grant a foundation permit and concept approval as to the size and height of the Manna Freight building subject to additional articulation on the front side of the building and subject to a revised landscaping plan, based on the applicant's representations on the materials being used and the finding by Council that since there is no mechanical equipment on the roof of the warehouse, the ladder will be limited to inside the office. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 LIVABLE COMMUNITIES Council acknowledged a memo from Administrator Batchelder along with a copy of the proposed Metropolitan Livable Communities Act Action Plan for the Dakota County Cluster. Administrator Batchelder reviewed the key points in the Mendota Heights attachment to the plan, stating that it was prepared based on Council discussion at its April 30 workshop. Councilmember Smith noted an error on facsimile page five with regard to the total number of units. Mayor Mertensotto pointed out that participation in the Act is on an annual basis and Council could pull out if the action plan does not work. Administrator Batchelder stated that the plan allows the HRA to act on the city's behalf for the provision of affordable and life cycle housing, and that the HRA provides the housing units on a county wide basis. Councilmember Smith moved adoption of Resolution No. 96 -38, "RESOLUTION ADOPTING THE ACTION PLAN FOR THE DAKOTA COUNTY CLUSTER." Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 PLANNER CONTRACT Council acknowledged a memo from Administrator Batchelder regarding the proposed agreement for planning services. Administrator Batchelder informed Council that the agreement is consistent with the request for proposals and that it is a two year agreement commencing on June 1. City Attorney Hart suggested a clarification for Paragraph 10 with respect to termination within the two year period. Page No. 13 June 4, 1996 Councilmember Krebsbach moved approval of an Agreement for Planning Services with McCombs Frank Roos Associates, Inc., amended as to Paragraph 10, and authorization for execution of the agreement. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto informed Council on a complaint he had received about potholes on Ridge Place. He also asked staff to contact the owner of the land adjacent to the SuperAmerica to see if the excess dirt from the SuperAmerica property and from the HRA site can be stored there. Councilmember Krebsbach complimented Mayor Mertensotto on his presentation at the MASAC meeting. She stated that she attended the Middle School ground breaking and applauded the school district. She stated that the SOS store has been in the community for many years and suggested that the city send a note of well wishes to the owners of the SOS on their next endeavors and thank them for their efforts in expediting the redevelopment of the site. Councilmember Huber informed staff about a complaint he had received about a semi being parked on Chippewa. ADJOURN There being no further business to come before the Council, Councilmember Krebsbach moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:12 o'clock p.m. ATTEST: Charles E. Mertensotto Mayor Kdthleen M. Swanson, City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL Excavating Contractor License Minnesota Home Sewer Gas Piping Contractor License Arnold Bing Plumbing HVAC Contractor License South-Town Refrigeration Steinkraus Plumbing & Heating Inc. General Contractor License Anchor Fence of Mn, Inc. Commercial Residential Roofing Inovative Building Concepts, Inc. DrywallIStucco Contractor License Prestige Drywall, Inc.